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Guidance Notice

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Guidance Notice GUIDANCE NOTICE The Navigation Act and National Law – Documents issued by recognised classification societies The Navigation Act 2012 (‘Navigation Act’) and the Classification Societies also produce various Marine Safety (Domestic Commercial Vessel) National documents that do not have statutory force. These Law Act 2012 (‘National Law’) commenced on non-statutory documents may nonetheless provide 1 July 2013. As a general rule: evidence that a vessel meets an applicable standard. • Australian vessels that do not voyage beyond the Recognised Classification Societies are not issuing EEZ, and do not have statutory certificates for bodies under the National Law. Only AMSA, as the voyages beyond EEZ, will be Domestic Commercial National Regulator, has power to issue certificates Vessels (DCVs) subject to the National Law, and under National Law. However, documents issued by Recognised Classification Societies may be used to • Australian vessels that voyage beyond the EEZ, or support applications for National Law Certificates of have statutory certificates for voyages beyond the Survey. EEZ, will be Regulated Australian Vessels (RAVs) subject to the RAV provisions of the Navigation Act. What if my Australian vessel has a This guidance notice provides information about the Statutory Certificate and I want it to be a implications of the new legislation for operators of RAV under the Navigation Act? Australian vessels that are “Classed”. You don’t need to do anything. The general rule is that if an Australian vessel has a certificate issued by Who are the Recognised Classification an issuing body (such as Recognised Classification Societies? Societies) under the Navigation Act, the vessel will be AMSA Recognised Classification Societies are currently: subject to the RAV provisions of the Navigation Act, • American Bureau of Shipping (ABS) even if the vessel engages exclusively in near-coast voyages. The exceptions is MARPOL Certificates. • Bureau Vertitas (BV) Vessels that have MARPOL Certificates issued under • Det Norske Veritas (DNV) the Navigation Act are not automatically captured by the • Lloyds Register (LR) RAV provisions. If the vessel has (or also has) SOLAS Certificates, it will be captured by the RAV provisions. • Nippon Kaiji Kyokai (NKK) • China Classification Society (CCS) What if I have to, or want to, keep my • RINA Services S.p.A Australian vessel ‘Classed’, but I want it to be a DCV? • Korean Register of Shipping (KR) Owners/operators of DCVs must not obtain a Statutory Statutory Certificates versus non-statutory Certificate from a Recognised Classification Society, documents unless the owner/operator intends the vessel to Each Recognised Classification Society is an “issuing become a RAV under the Navigation Act, instead of a body” under the Navigation Act. This means they DCV. The exceptions is MARPOL Certificates. will have the power to issue Certificates under the DCVs that trigger the cargo, size or other criteria for the Navigation Act. Those statutory certificates have the application of the various Annexes of MARPOL must same effect as if issued by AMSA. obtain the corresponding Navigation Act Certificates from a Recognised Classification Society. Australian Maritime Safety Authority, Canberra ACT Australia December 2017 AMSA746 (12/17) Page 1 of 2 GUIDANCE NOTICE: The new Navigation Act and National Law – Documents issued by recognised classification societies DCVs that trigger the length or tonnage criteria for • International Oil Pollution Prevention Certificates load line survey and marking must obtain a Load Line • Interim Class Certificates Certificate from the National Regulator, under Marine • MARPOL Certificates Order 507. • ILO Certificates Vessels designed, constructed and maintained in • Coatings Certificates accordance with Recognised Classification Society Rules are deemed to satisfy the construction standards • Quality Management Certificates of the National Standard for Commercial Vessels The following documents issued by a recognised (NSCV). Under the NSCV Part C3, a vessel of 35m or Classification Society will be sufficient to satisfy the more in length must be ‘Classed’. Vessels under that Delegate that a vessel meets the Equipment standards length may choose to remain in Class. of the NSCV, unless the Delegate has substantial Owners/operators of DCVs that must be, or have reasons to believe otherwise: chosen to remain, in Class, will still need to obtain a • Safety Equipment Certificates National Law Certificate of Survey (CoS), unless the • Radio certificates vessel is exempt from survey. • Other statements / documents of compliance To obtain a National Law CoS, owners/operators will There may be circumstances in which a Delegate may need to apply to a Delegate of the National Regulator have substantial reasons to believe a vessel in Class and provide evidence to satisfy the Delegate that does not meet the construction or equipment standards the vessel meets the applicable construction and of the NSCV. An example might include an unauthorised equipment standards in the NSCV. alteration of the vessel without Class approval which The following Recognised Classification Society comes to the attention of the National Regulator documents may be provided to Delegates as proof of In those, or any other circumstances the delegate sees compliance with construction and equipment standards: fit the National Regulator may require the vessel to be • Any documentation of compliance or equivalent; inspected by an attested/accredited surveyor, before • Any additional (if any) material or evidence relied deciding whether to issue a National Law CoS. upon by the Class Society in their assessment of compliance; Note: Conditions on National System Certificates of Survey • Documentation relating to equipment (if applicable), including safety equipment; and As well as any conditions imposed on the certificate by the Delegate, all National Law Certificates of Survey • Documentation relating to any interaction with a (COS) are subject to statutorily-imposed conditions. surveyor (if applicable). Those conditions are set out in paragraph 7 of Marine The following documents issued by a recognised Order 503. Classification Society will be sufficient to satisfy the Delegate that a vessel meets the Construction standards of the NSCV, unless the Delegate has substantial reasons to believe otherwise: • Material test certificates • Stamped vessel drawings • Tonnage Certificates • Stamped stability books • Ship Safety Construction Certificates • Statements/Certificates of Compliance Australian Maritime Safety Authority, Canberra ACT Australia December 2017 AMSA746 (12/17) Page 2 of 2.
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